The state attorney has decided not to follow through on charging an Osceola high school athletic director.

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Instead, the state attorney has filed the paperwork to clear the man's name.

Matthew Milton was accused of setting up a deal where an undercover cop bought marijuana.

Despite the paperwork saying the case is not suitable for prosecution and the state attorney saying the case had insufficient evidence, the St. Cloud police Chief said Thursday that given the same situation, his department would make the same arrest.

"This gentleman approached an undercover officer, knowingly introduced and made phone calls, acting as a middleman in various drug transactions," said Pete Gauntlett.

Milton was arrested in June just after the school year ended.

Milton's attorney said he is not surprised the case was dismissed.

"There was never any evidence that my client was involved in any kind of drug deal. My client doesn't use drugs. He's never used drugs," said attorney David Bigney.

In the arrest affidavit, Milton is never accused of ever touching drugs or being there when deals were made.

"He was involved actively in the drug deal, facilitated the drug deal, and if not for his actions, the drug deal would have never occurred," said Gauntlett. "We will not stand for anybody acting as a go-between, a middleman per se, especially when it's an athletic director at a local high school we put our children in."

"The worst thing he did is say, 'I have some friends who like to party,'" said Bigney.

Milton's attorney said the undercover cop repeatedly asked his client to hook her up with illegal drugs and, frustrated by her repeated requests, he said he might know a guy she could meet.

"Especially when they found out he was in education, they said, 'Let's get a name for ourselves. Let's get us a good one,'" said Bigney. "The illegal conduct by the police officers, not his conduct, has put him in this situation. Unfortunately, this is going to affect him for some time."

Milton is currently assigned to a job where he's not around children.

The school district's investigation began after the criminal case concluded two days ago. His future with the school district will be decided once that investigation is complete.

Bigney said in these days of the Internet he doesn't know if his client can ever have his reputation restored.